暴利行为的刑法规制研究

On the Regulation of Profiteering via Criminal Law

构建公平竞争的经济环境是我国法治建设的重要组成部分,然而,近年来经营者暴利呈现出不断蔓延的趋势,尤其是在疫情紧张时刻高价兜售口罩、酒精等物品,不仅践踏了社会的诚实信用理念,败坏社会风气,干扰市场竞争正常秩序,严重阻碍市场的健康发展,给社会造成极大的危害.鉴于此,国家颁布了相关规定,但未能完全遏制暴利行为.分析暴利行为的危害,剖析我国对暴利法律规制的现状和不足,研究对其进行刑法规制的必要性和可行性,探讨暴利罪的犯罪构成及刑事责任,从而维护消费者的合法权益,推动社会公平竞争环境的形成.

The construction of a fair and competitive economic environment is an important part of the formation of the rule of law in China.However,in recent years,the profiteering in business has shown a tendency of continuous spread.Especially,the highprice sale of masks,alcohol and other commodities at the time of severe epidemic has not only trampled on the concept of honesty and credibility of the society,damaged the social atmosphere,interfered with the normal order of market competition but also seriously hindered the healthy development of the market and caused great harm to the society.Thus,the state promulgated relevant regulations,but failed to completely curb the profiteering.This paper analyzes the harm of profiteering,analyzes the current situation and shortage of the legal regulation of the crime in China,studies the necessity and feasibility of the regulation in the form of criminal law and probes into the constitution and responsibility of profiteering crimes,so as to safeguard the legitimate rights and interests of consumers and promote the formation of the social fair and competitive environment.